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Garuda
11-19-2011, 05:06 AM
Terms of Service

Preamble

The OutPost Forum is privately owned, and is maintained and run by volunteers, in their spare time.

The services we offer, including membership of the discussion forum, are offered free of charge. To offer these services, we rely on products and services which are provided by third parties and over which we have no control. You therefore use this website and the services it offers entirely at your own risk.

We reserve the right of admission.


Terms and Conditions of Use

Art. 1. Service limitations, modifications and discontinuation

As mentioned in the preamble, this forum is maintained by volunteers, in their spare time. We are using software which is created by third parties. The hosting company we are using is a small ISP, who also does this after hours.
In these circumstances it is not possible to always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions.

For this reason, you agree that the Websites, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE".
Neither The OutPost Forum nor our third-party service providers assume responsibility for the timeliness, deletion, corruption or failure to store any data, communications or personalization settings.

Services are provided free of charge with no warranty as to quality or availability.

The OutPost Forum reserves the right to change or to discontinue, temporarily or permanently, the services at any time without notice.
You agree that The OutPost Forum will not be liable to you or any third party for any modification or discontinuance of the services.


Art. 2. Eligibility for membership

By using the website and its services, you represent and warrant that you are at least 13 years old and are otherwise legally qualified to enter into and form contracts under applicable law. Any individual using the website or services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.


Art. 3. Termination – Right of admission reserved

This website is privately owned. Membership is a privilege that is granted by the owners, and can be revoked at their discretion.

Violation of these Terms of Service, including the Posting Rules, may result in a temporary suspension of your usage of the service, as well as in your membership being permanently revoked.

You agree that The OutPost Forum cannot be held liable to you or any third party when your membership is suspended or revoked by the owners of this web site or its staff.


Art. 4. Privacy Policy

By using the Website, you consent to the collection and use of certain information about you, as specified in the Privacy Policy, which can be found below.
The Privacy Policy is integral part of these Terms and Conditions.

Internet technology and the applicable laws, rules, and regulations change frequently. Accordingly, The OutPost Forum reserves the right to change this agreement and its privacy policy at any time upon notice to you, to be given by the posting of a new version or a change notice on the website.
It is your responsibility to review this agreement and the privacy policy periodically. If at any time you find either unacceptable, you must immediately leave the website and cease using the services. Unless The OutPost Forum obtains your express consent, any revised Privacy Policy will apply only to information collected by The OutPost Forum after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.


Art. 5. Use of copyrighted materials on this site

You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights.
You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use of the website and services. Your bear the sole burden of proving that content, information or other materials do not violate any laws or third-party rights.

All content and other materials available through the Website and Services, including without limitation the The OutPost Forum logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by The OutPost Forum.com or are the property of The OutPost Forum' licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials.

As The OutPost Forum asks others to respect The OutPost Forum' intellectual property rights, The OutPost Forum respects the intellectual property rights of others. If you believe content located on or linked to by the Website violates your copyright, you are encouraged to notify The OutPost Forum. The OutPost Forum will respond to all such notices, and remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users. The OutPost Forum will also terminate the accounts of repeat offenders.


Art 6. Copyright on user content

a) User Content

"User Content" is any content, materials or information, that you upload or post to, or transmit, display, perform or distribute by means of the website, whether in connection with your use of services or otherwise. User content includes, but is not limited to letters, emails or other messages; other forms of communication through the Websites; personal User information; board posts; reader reviews; blogs, ratings, data, notes and testimonials; images; audio or video files; and podcasts.

You hereby grant the The OutPost Forum a perpetual, fully paid-up, worldwide, sublicensable, irrevocable, assignable license to copy, distribute, transmit, publicly display or perform, edit, translate, reformat and otherwise use user content in connection with the operation of the website, services or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity.

You further agree that the The OutPost Forum may publish or otherwise disclose your personal information in connection with their exercise of the license granted under this section. You agree to waive, and hereby waive, any claims arising from or relating to the exercise by the The OutPost Forum of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.

You hereby represent and warrant that you own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the The OutPost Forum under this section. You further represent and warrant that all User Content fully complies with The OutPost Forum's Terms of Service, Posting Rules and Privacy Policy.

b) Usage of user content

All content created by the users of The OutPost Forum website are governed by an "Attribution - NonCommercial - NoDerivs 3.0 Unported" Creative Commons Deed (hereinafter "Creative Commons License").

Users can share, distribute, copy, and transmit the work users find on The OutPost Forum websites provided users provide proper attribution that includes the name of the website user, the name of the website, and a link to the content thread.

These usage rights do not apply to any commercial use of the content found on The OutPost Forum websites, and such use is strictly prohibited without prior written authorization from The OutPost Forum.

These usage rights also do not apply to derivative works, and such use is strictly prohibited without prior written authorization from The OutPost Forum. Each post of each thread contains a "copyright" link that clearly specifies the method in which the material may be shared, distributed, modified, or used.

You will not copy, distribute, display, or publicly perform material from the websites to post on other websites or quote in offline research in a manner that does not comply with the Creative Commons License that specifies the author's member name as a member of The OutPost Forum and the member as owners of the content, provides the title of the thread, and a full URL to the board thread.

The aforementioned usage rights only apply to User Content and does not apply to content that was copied or reprinted by permission. For those, the normal copyright protection of the copyright holder applies.


[Terms of Service continue in the next post].

Garuda
11-29-2011, 07:29 AM
Terms of Service - Continued


Art. 7. No endorsement of user content

Our Users are solely responsible for all posted User Content (as defined in article 6) that is uploaded, posted, emailed, transmitted or otherwise made available on or through the Websites (collectively, "Post").

You acknowledge and agree that The OutPost Forum does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, hateful, vulgar, obscene, and/or disruptive, or may infringe upon, misappropriate, or otherwise violate the intellectual property or other rights of another.

You acknowledge that The OutPost Forum does not pre-screen User Content, and has no obligation to do so, but that The OutPost Forum and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on the Websites. If you find any Posts in these forums to be offensive or threatening, please contact The OutPost Forum or the moderators with the address of the Post. If we determine that removal of a Post or Posts is necessary, we will make reasonable efforts to do so in a timely manner. The OutPost Forum will make every effort to provide a free and open discussion environment within the boundaries of the Terms and Conditions of Use and Posting Rules that does not contain offensive or threatening messages, but cannot guarantee that all such messages will be found and removed within any specific time frame.


Art. 8. Third Party Content & Advertisements

Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. The OutPost Forum does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information on the website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the website and services. Under no circumstances will The OutPost Forum be responsible for any loss or damage resulting from your reliance on information or other content posted on the website or transmitted to or by any third-party.

The website may provide Users with opportunities, links or other incentives to use certain sites, services, products, applications or content offered by or through The OutPost Forum's third-party providers, including but not limited to advertisers, and content and ecommerce providers (collectively, "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. The OutPost Forum does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. The OutPost Forum does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Websites. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.


Art. 9. Prohibited uses

The OutPost Forum imposes certain restrictions on your use of the website and the services.

You represent and warrant that you will not:


(a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted;
(b) provide false, misleading or inaccurate information to The OutPost Forum or any other member;
(c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
(d) while, using the Website and Services, use "ad blocking" software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising;
(e) modify or change the placement and location of any advertisement appearing on the Website;
(f) harvest or otherwise collect information about The OutPost Forum users, including email addresses and phone numbers;
(g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;
(h) access content or data not intended for You, or log onto a server or account that You are not authorized to access;
(i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization;
(j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
(k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services;
(l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or
(m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the The OutPost Forum Parties in providing the Website or Services.


Any violation of this section may subject you to civil and/or criminal liability.


Art. 10. Disclaimer – Assumption of Risk – General Liability

You knowingly and freely assume all risk when using the website and services. You, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify The OutPost Forum and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, and assigns (collectively, the "The OutPost Forum parties") from any and all claims, actions or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy or other damages or harm, whether to you or to third parties, which may result from your use of the website and services.

Your use of the websites is at your sole risk. The websites are provided on an "as is" and "as available" basis. The OutPost Forum, its affiliates, officers, directors, employees, agents, partners and licensors (collectively, the "The OutPost Forum parties") expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The OutPost Forum parties make no warranty that (i) the websites will meet your requirements, (ii) the websites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the websites will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the websites will meet your expectations, (v) that your messages, data or information, in whatever form or medium, will not be lost, or (vi) any errors will be corrected. Any material downloaded or otherwise obtained through the websites is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from any The OutPost Forum party, or through or from the websites will create any warranty not expressly stated in the terms and conditions of use or (for members) the additional terms and conditions of membership.

You agree that the The OutPost Forum parties will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The OutPost Forum parties have been advised of the possibility of such damages), resulting from: (i) the use or inability to use the websites; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services obtained or messages received or transactions entered into, through or from the websites; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone on the websites; or (v) any other matter relating to the websites.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, liability of The OutPost Forum parties will be limited to the greatest extent permitted by law. To the extent that any part of this section is not consistent with any other part of the terms and conditions of use or the terms and conditions of membership, then this disclaimer of warranties will override it.


[Terms of Service continue in the next post].

Garuda
11-29-2011, 07:49 AM
Terms of Service - Continued


Art. 11. Indemnification

You agree to protect and fully compensate the The OutPost Forum Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Websites, or violation of the Terms and Conditions of Use (and for members, Posting Rules and Privacy Policy) by you or any other user of your account (whether or not authorized), and you agree to indemnify and hold the The OutPost Forum Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Websites, your connection to the Websites, your violation of these terms and conditions, or your violation of the rights of another.


Art. 12. Agree to receive mail and private messages

By registering with the Website, you thereby consent a) to receive periodic email communications regarding the Services, new product offers, promotions and other matters; and b) to receive electronic communications, including email and personal messages from other Website members.


Art. 13. Agree to respect the Posting Rules and Privacy Policy

You agree to respect the ‘Posting Rules’ and 'Privacy Policy' which are considered an integral part of these Terms of Service.

Garuda
11-29-2011, 07:51 AM
Posting Rules

1. Be respectful of others at all times.
The purpose of the forum is to provide a platform for the exchange of ideas. Occasionally, there will be conflicts that arise when people voice opinions. Be courteous when disagreeing with others. It is possible to disagree without being insulting.

2. Personal attacks are prohibited.
Commonly known as flaming, personal attacks are posts which are designed to personally berate or insult another. Text of this nature is not beneficial to the community spirit and will not be tolerated.

3. Avoid using profanity.
Using partial masking (such as asterisks or punctuation marks) to bypass the profanity filter is prohibited and will result in the same action as if the actual word had been typed.

4. Do not post copyright protected materials without permission.
When posting material from an external source, make sure the amount of text is limited, that you credit the source, and provide a direct link if possible.
Posts that are considered in violation of copyright protection can be removed at the discretion of the staff, and will be removed at the request of the copyright holder.
The account of repeat offenders will be revoked.

5. Do not post 'blind' links.
Posters are encouraged to summarize the contents of a link, and to briefly state its purpose.

6. Do not post advertisements.
Posts discussing or linking to online sites or offline resources for the sale of goods or services are strictly prohibited.

7. Do not post personal information.
Please respect the privacy of other members and avoid posting information such as names, email, phone numbers and addresses without permission.

8. The forum’s Private Message (PM) system should not be used for advertising/spam, recruitment or harassment.
[Note:Members who wish to promote relevant events or information are asked to contact a staff member. If considered appropriate, admin staff can PM/email all members simultaneously.]

9. Dual accounts (or 'Sockpuppets') are prohibited.
Forum users are only permitted one active account at a time, additional accounts may be removed at the discretion of staff.

10. Trolling, Spamming, Cyberbullying and cyberstalking, (as defined below) are prohibited.

- Trolling is when someone posts controversial, inflammatory, irrelevant or off-topic messages, with the intention of a) provoking other users into an emotional response or b) to generally disrupt normal on-topic discussion.

- Spam is considered to be repetitive posting of the same topic or text or nonsensical posts that have no substance and are often designed to annoy other forum users.
Cross-posting, i.e. posting the same content in several threads is considered a form of spamming.

- Cyberbullying is when someone repeatedly makes fun of another person online, or repeatedly picks on another person, through postings and/or PMs, with the intention to harm, damage, humiliate or isolate another person.

- Cyberstalking is when posts are used to harass another individual, group of individuals, or organization. This behavior includes false accusations, monitoring, the transmission of threats, identity theft, damage to data or equipment, and gathering information for harassment purposes. The harassment must be such that a reasonable person, in possession of the same information, would regard it as sufficient to cause another reasonable person distress.

11. An immediate and permanent ban from the forum can result from any of the following:
The posting of pornography; discriminatory remarks which are sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive; excessive obscene or vulgar language; posts which discuss or illustrate illegal activity; providing links to sites that contain any of the aforementioned.
Anybody caught sharing their account with a banned member or posting on behalf of a banned member will also instantly and permanently be banned without notification.

12. Warnings and suspensions are not to be discussed on the forum.
Such matters shall remain private between The OutPost Forum Staff and the member. Questions or comments concerning warnings and bans will be conveyed through e-mail or private messaging. Likewise, discussions regarding moderator actions are not permitted on the forum. If you have questions regarding a post or thread, please contact an administrator.

13. Right of Admission Reserved.
The OutPost Forum is privately owned and run by volunteers. Membership and posting of messages are not constitutional rights. They are privileges which may be withdrawn by the owners at their discretion.
We cannot afford to constantly monitor every action carried out by our members. Therefore, members who require excessive monitoring by staff may have their posting privileges revoked.

NOTIFICATION

If the content of a post is deemed not to comply with the rules above, the post may be edited or removed by a staff member. Depending on the content of the post, appropriate action may be taken concerning the poster's account, which can include a warning, a temporary suspension, or a permanent suspension.

Posters who are disruptive will have their account temporarily suspended and a moderator note will be sent to inform them of the length of time of their suspension. Typically three to seven days. The term "disruptive" will be defined by the moderator and administrators on a case by case basis. In some instances, posters may be subject to a permanent suspension. Hopefully you will never need to concern yourself with that.

Right to Appeal:

Disputes which cannot be resolved between forum users and moderators may be arbitrated by the forum administrators.
To discuss problems or concerns, please contact one of the forum administrators.

Thank you for taking the time to read these rules, and welcome to the forum!

Regards,

The OutPost Forum staff.